P. v. Bernal CA4/2
Defendant and appellant Alonzo Bernal is a lawful resident of the United States. In 2000, he pled no contest to possession with intent to manufacture methamphetamine (Health & Saf. Code, § 11383, subd. (c)(1)). In exchange, he was placed on formal probation for a period of three years on various terms and conditions of probation. In 2010, upon return to the United States from his native country, Mexico, defendant was apprehended by the federal government and placed in removal proceedings in federal immigration court. Approximately seven years later, in 2017, defendant filed a motion to vacate his 2000 plea pursuant to Penal Code section 1473.7, arguing his conviction was legally invalid because his trial counsel incorrectly advised him about the immigration consequences of his guilty plea and he was prejudiced as a result. The trial court denied defendant’s motion to vacate, and defendant appealed.
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